Things That Matter

Trump Administration Calls For Asylum Seekers To Pay Processing Fees For Paperwork That Have Never Had Fees

President Trump and his administration have introduced a new set of regulations that will surely discourage some asylum seekers from coming to the United States. The new regulations include charging a fee for asylum applications and delaying the approval of work permits. The proposal comes as the Trump administration continues to slow down the surge of Central American migrants trying to cross into the U.S. The changes will surely make it more difficult for asylum seekers to apply and stay in the U.S. as they wait for their case to be heard.

The reality of the situation is many asylum seekers won’t be able to afford these new proposed application fees.

President Trump is giving Attorney General William Barr and acting Homeland Security Secretary Kevin McAleenan 90 days come up with new regulations to speed up the processing of asylum claims. This will include directing officials to begin charging a fee to process asylum and employment authorization applications, which currently do not require payment.

While there are still questions about the amount that applicants might have to pay, it’s unclear how many families, who are fleeing poverty, would be able to afford these fees. While the report says the price would not exceed the cost of processing applications, officials did not provide an estimate for that amount.

For comparison, the application fee for the Deferred Action for Childhood Arrivals (DACA) program is $495, the fee for green card holders to file for U.S. citizenship is $725, and the fee to apply for a green card can go as high as $1,225, according to U.S. Citizenship and Immigration Services.

Among other regulations, the Trump administration is also making it harder to get work permits for some asylum seekers.

Under current federal laws, an asylum seeker can apply for a work permit five months (150 days) after submitting their asylum application. The Trump administration wants to change that regulation.

Under the new proposal, asylum seekers can be denied work permits if they entered or tried to enter the country illegally. They are also calling on officials to immediately revoke work authorizations when people are denied asylum and deported from the country. If an individual receives a work permit, a new fee will also be included.

The Trump administration though process behind the regulation is that work permits are encouraging asylum seekers to come to the U.S. While some may argue that’s probably true, it doesn’t necessarily mean they’re not also fleeing violence and persecution in their home countries.

There are also proposed changes to “improve the integrity” of credible fear determinations.

The new report also calls on Homeland Security to “improve the integrity” of credible fear determinations. When migrants first come to the U.S. border and apply for asylum, the first step is often the credible-fear interview. There, they must prove to an asylum officer that they have a credible fear of returning home or face persecution. If they then succeed, migrants can then apply to various types of relief that are available.

President Trump has often ridiculed the asylum system because of this factor, at times calling it a “loophole” that attracts immigrants to the U.S.

The memo is the Trump administration’s latest effort to make it more difficult for migrants to come and stay in the country. This all comes amid a huge spike in border crossings, including a large number of families seeking asylum. According to DHS statistics, in fiscal year 2018, 92,959 asylum claims were made at the southern border, up from 55,584 in the 2017 fiscal year.

Many immigrant advocates are coming down on the new proposed regulations that will only make it harder to those seeking asylum.

The new proposed regulations are designed with fair intentions to deter the flow of incoming migrants. The Trump administration is financially attacking a group of vulnerable people, knowing full well the majority won’t be able to afford a fee.

It’s fair to assume there will be a lawsuit over these proposals and any new immigration policy put forward. Which means these new fees won’t be put in anytime soon. But immigration advocates are angry at these proposed measures and the consequence they will have on those seeking help.

“The idea that we will charge asylum seekers a fee to seek refuge from persecution, torture, or death is offensive and counter to our values,” the American Civil Liberties Union tweeted.

Leonardo Arzuaga, 28, of Cuba, arrived in Mexico last month. He is one of many asylum seekers that would be affected by the new proposal as he is fleeing political persecution. Arzuaga is currently waiting until he can cross the U.S. border and claim asylum.

“I think it’s a bit unjust,” Arzuaga told the AP of the recent proposals. “Because many people do not have the means to arrive, work, produce. For me it’s something that isn’t logical. Because one practically gets here with nothing.”

READ: Government Officials Report That Reuniting Separated Families Will Take Two Years

Despite Trump’s False Claims, Facts Are Facts: More Than 99% Of Asylum Seekers Show Up To Their Court Dates

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Despite Trump’s False Claims, Facts Are Facts: More Than 99% Of Asylum Seekers Show Up To Their Court Dates

Jorge Benez-Ramon / Getty

One of the biggest myths that the Trump administration has perpetuated is that asylum seekers do not conform to the legal requirements and processes required to guarantee their cases are being heard in court. The Trump administration has claimed that the only way to guarantee that asylum seekers’ cases will reach the court is to keep them in detention centers (yes, you read that right).

This seems a bit counterintuitive: if they are seeking asylum it is because they have a cause they find justifiable for entering the United States undocumented in the first place. A recent study sheds light on the fallacy of “missed court appointments” and reveals that if not in detention, a vast majority (let’s just say the totality) of asylum seekers do show up for their hearings.  

Numeritos hablan: 99% of who were not detained or who were released from immigration custody show up to their hearings.

Credit: AZFamily / Instagram

New data from Transactional Records Access Clearinghouse (TRAC, a think tank that tracks data in the immigration courts) at Syracuse University reveals that most of asylum seekers who are not detained do attend their court hearings.

This finding basically trumps Trump’s assertion that they do not, which misrepresents them as individuals who prefer to live in the shadows and at the risk of being deported rather than doing due legal diligence. On average, migrants who are caught at the border or who hand themselves in have to wait for more than two years before their cases are dealt with in court.

But there are some others who have to wait even longer, as the TRAC report tells us: “Overall, asylum applicants waited on average 1,030 days – or nearly three years – for their cases to be decided. But many asylum applicants waited even longer: a quarter of applicants waited 1,421 days, or nearly four years, for their asylum decision.” Four years is a long, long time… wouldn’t anyone want the wait to be over?

Other previous research also disregards the idea that migrants want to live in the United States illegally rather than seeing their cases go through.

For those who have been lucky enough to never have to flee their home country or live in constant fear of being deported, it might feel like migrants would rather hide than face the law. This is also the driving rationale behind the Trump administration’s move to send asylum seekers to Mexico and wait there until their cases go through court. However, studies have shown that they want their migratory status to be cleared so they can go on with their lives, free of worries of being deported at any time. 

When in doubt, use science! 

As Vox reports, the numbers gathered by TRAC are pretty definitive: “The latest data from TRAC shows that nearly every migrant who applied for asylum and whose case was completed in 2019 showed up for all of their court hearings”. Boom! However, the Department of Justice has raised concerns about the accuracy of TRAC’s data analysis. TRAC does not disclose its methodology but uses information obtained through the Freedom of Information Act. 

The Department of Justice claims numbers are much lower.

FILE PHOTO: Children walk inside an enclosure, where they are being held by U.S. Customs and Border Protection (CBP), after crossing the border between Mexico and the United States illegally and turning themselves in to request asylum, in El Paso, Texas, U.S., March 29, 2019. REUTERS/Lucas Jackson/File Photo

Data from the Department of Justice contradicts the stunning 99% published by TRAC. According to 2018 numbers, the government says actually 75% of asylum seekers show up to their court hearings, a significant drop compared to TRAC’s analysis. And Trump’s numbers are even lower… yes, really.

He has said: “Tell me, what percentage of people come back? Would you say 100 percent? No, you’re a little off. Like, how about 2 percent? And those people, you almost don’t want, because they cannot be very smart… Those two percent are not going to make America great again, that I can tell you”. Wow, can you imagine a more deceitful way of framing reality?

TRAC’s report also reveals that more asylum seeker cases were decided in 2019 than in any other year… 46,735 people were denied asylum.

Yes, the courts are being busy. As the report reads, in 2019 “judges decided 67,406 asylum cases, nearly two-and-a-half times the number from five years ago when judges decided 19,779 asylum cases. The number of immigrants who have been granted asylum more than doubled from 9,684 in FY 2014 to 19,831 in FY 2019.”

But it is not all good news, as “the number of immigrants who have been denied asylum or other relief grew even faster from 9,716 immigrants to 46,735 over the same time period.” The three countries of origin that top the charts of successful asylum seekers are China, El Salvador and India. 

There Is No Citizenship Question In The Census 2020 But People Are Still Cautious About Answering The Survey

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There Is No Citizenship Question In The Census 2020 But People Are Still Cautious About Answering The Survey

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April 1 is officially Census Day. That means between April and the end of July you can expect someone to knock on your door and ask you a couple of questions such as “The number of people living or staying at your home” and “is your home owned or rented?” and “The sex of each person in the household.” This month, however, people are already getting notices to let them know what will be taking place in a couple of months. There are some people in the country that are not looking forward to this kind of intrusion. Some of those people are actually quite afraid of answering personal questions. 

Even though the Census 2020 will not include any citizenship questions, people are still suspicious about answering the survey at all.  

On January 10, Arturo Vargas, executive director of the National Association of Latino Elected and Appointed Officials Educational Fund, spoke in front of Congress to inform them that the Latino community is afraid of opening their doors to Census workers and answering their questions. 

“They believe there will be a citizenship question on the form despite its absence and many fear how the data will be used,” Vargas said. His entire statement was posted on Facebook. “This is exacerbated by a hostile environment toward immigrants propagated by this administration.”

But it’s not just the Latino community that is cautious about answering the Census questions but Asians too. 

“When the administration proposed to add the citizenship question without any testing, we knew right away we had a five-alarm fire … like any fire, the damage that has been done takes time to repair,” John Yang, president and executive director of Asian Americans Advancing Justice, also told Congress, according to NBC News

The hearing last week took place in an effort to understand why there are difficulties in getting accurate information from people living in the U.S. One of the obstacles that were discussed, aside from their fear of citizenship questions, is that Census workers are not reaching out to “hard-to-count” communities. 

“Hard-to-count communities are in every state and district, from large urban areas to rural and remote communities, including American Indian tribal lands and reservations,” Vanita Gupta, president and CEO of the Leadership Conference on Civil and Human Rights, told NBC News. 

So why is it important for everyone to answer the Census 2020 questions accurately?

Credit: naleoedfund / Instagram

Some people might not truly grasp the severity of answering the Census 2020 questions. It’s not just a survey but a way to track every person living in the U.S. to get proper funding for programs, schools, and a lot more. 

“The U.S. Constitution mandates that a census be taken every ten years to count all people—both citizens and non-citizens—living in the United States,” a PBS report states. “Responding to the Census is mandatory because getting a complete and accurate count of the population is critically important. An accurate count of the population serves as the basis for fair political representation and plays a vital role in many areas of public life.”

Aside from public funding, having an accurate assessment of each individual will help in times of natural disasters and emergency responses. Federal funds are also distributed based on population. Another crucial factor in gathering accurate information is that when it comes to voting, the government understands how many representatives are needed for each district. 

While the Census has always faced issues in trying to gather the most accurate information, it was during the Trump Administration that minority communities became distrusting of information the government was requesting. 

Credit: naleoedfund / Instagram

Since 2018, the Trump administration pushed to have a citizenship question added to the Census 2020 but got immediate pushback from virtually everyone. Even the Supreme Court ruled that a citizenship question was off the table. He still pushed for it. Several immigration organizations, however, went after Trump’s agenda and sued against his tactics. 

“President Trump is adding the citizenship question into his toxic stew of racist rants and draconian policies in order to stoke fear, undercount, and strip political power from immigrant communities,” Sarah Brannon, Managing Attorney, ACLU’s Voting Rights Project, said in a statement last summer. 

Steven Choi, Executive Director, New York Immigration Coalition, added to her sentiment by saying, “A citizenship question on the U.S. census is toxic to New York’s four million immigrants and all New Yorkers, who stand to lose millions of dollars in federal aid and representation in Congress. We will use every tool at our disposal to fight for a fair and accurate count. This is our New York and we’re not going to lose a dime, or our voices, to the Trump administration in Washington D.C.”

About a month later, Trump gave up his Census fight. Yet still, people remain fearful and untrusting of government questions. But can you blame them?

READ: Latinos NEED to Count All Their Children for the 2020 Census